Book contents
- The Judge, the Judiciary and the Court
- The Judge, the Judiciary and the Court
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Foreword
- Cases
- Part I The Judge, the Judiciary and the Court
- Part II Debates and Challenges to the Judicial Role
- Part III The Judiciary as a Collective
- 8 Judicial Collegiality
- 9 Individual Judicial Style and Institutional Norms
- 10 Values and Judicial Difference in the High Court
- Part IV Perceptions
- Index
9 - Individual Judicial Style and Institutional Norms
from Part III - The Judiciary as a Collective
Published online by Cambridge University Press: 04 May 2021
- The Judge, the Judiciary and the Court
- The Judge, the Judiciary and the Court
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Foreword
- Cases
- Part I The Judge, the Judiciary and the Court
- Part II Debates and Challenges to the Judicial Role
- Part III The Judiciary as a Collective
- 8 Judicial Collegiality
- 9 Individual Judicial Style and Institutional Norms
- 10 Values and Judicial Difference in the High Court
- Part IV Perceptions
- Index
Summary
What is encompassed by the idea of ‘style’ in judicial reasons and why might this be of value and something worth striving for in a judge’s performance of their role? Through a synthesis of judicial pronouncements on the topic from judges in common law jurisdictions, the author identifies recurring themes and typologies that are used by judges when they reflect upon what is meant by style – and the manifestations of which are to be, respectively, applauded and emulated or lamented and avoided. Lynch frames this discussion in the context of the High Court of Australia’s contemporary practice of ‘joining in’ to a draft opinion any justice who agrees with it, so that individual authorship is obscured from plain view. This practice reveals an interesting dynamic between the individual and institutional conceptions of the judicial role. 'Joining in' , and its consequences for the benefits that are to be obtained by the conscious development of individual judicial style, is contrasted with the modes of collective expression of agreement in the final courts of the United Kingdom and United States.
- Type
- Chapter
- Information
- The Judge, the Judiciary and the CourtIndividual, Collegial and Institutional Judicial Dynamics in Australia, pp. 208 - 232Publisher: Cambridge University PressPrint publication year: 2021